DHS Expands 9-11 Fee to H-1B & L-1 Extensions: $4K More per Filing
Starting September 9, DHS expands the 9-11 Biometric Fee to routine H-1B and L-1 extensions for covered employers. An additional $4,000-$4,500 per filing now applies to what were previously exempt same-employer renewals.
The New Rule: What Changed
On August 10, 2026, the Department of Homeland Security published a final rule expanding the circumstances in which certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee when filing H-1B and L-1 petitions. Effective September 9, 2026, DHS will expand the 9-11 Response Biometric Entry-Exit Fee to all H-1B and L-1 extensions filed by employers subject to the fee.
The critical shift: Until now, DHS generally collected the fee when a covered employer first sponsored a worker or filed a change-of-employer petition but not for an extension petition. Now, covered H-1B and L-1 petitioners must also pay it when requesting an extension of the beneficiary's stay, including where the worker remains with the same employer and the separate fraud prevention and detection fee is not payable.
Fee Amounts & Who Pays
The fees are $4,000 per H-1B petition and $4,500 per L-1 petition. These amounts are set by statute and unchanged—only the scope of filings subject to the fee has expanded.
Critically, employers that have a total of fifty or more employees and at least half of the employer's workforce consists of employees in H-1B or L-1 status must pay the fee. The fee's exempt to employers with less than fifty employees and employers with less than half of their workforce in H-1B or L-1 status. This means smaller companies and those with diverse workforces are unaffected.
What Petitions Are Subject to the Fee
From September 9, 2026, covered employers will have to pay the additional $4,000 H-1B fee or $4,500 L-1 fee when requesting an extension of the beneficiary's stay, including same-employer extensions.
One key exemption remains: Amended petitions that do not request an extension remain exempt. However, an amendment combined with an extension request can therefore trigger the fee. The final rule confirms that the expanded fee obligation will not apply retroactively to previously filed or pending petitions; it will attach only to petitions filed on or after the effective date, Sept. 9, 2026.
Employer Urgency & Budget Impact
Large H-1B and L-1 sponsors could see substantial recurring increases in immigration costs. DHS received 146 public comments and estimated that, at most, about 16% of small businesses filing H-1B or L-1 petitions could be affected. The agency acknowledged the added burden but added that the result reflects the best reading of the statute and Congress' intent.
It expects the rule to generate an additional $37.9 million in fiscal year 2026 and $40 million in fiscal year 2027. For employers with large visa-dependent workforces—particularly in tech, consulting, and staffing—this represents a material recurring cost increase per extension filed.
Congressional Intent & Biometric System Funding
The regulatory changes correct DHS's interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies. DHS also said the added collections are needed to implement and maintain its biometric entry-exit system, which is designed to strengthen security and detect fraudulent travel documents.
Timing: Act Before September 9
Petitions filed before September 9, 2026, including same-employer extensions, are not subject to the expanded fee, regardless of when USCIS ultimately adjudicates them. Covered employers with same-employer H-1B or L-1 extensions in the pipeline have a limited window to file before the effective date.
Petitions submitted without the fee will be rejected outright. There is no grace period and no waiver process. This makes filing windows and budget planning urgent for covered employers.